The California Fair Political Practices Commission announced today that it will investigate allegations that the Mormon Church failed to report in-kind contributions to the YES-on-Prop-8 campaign.
As we conveyed to readers here on November 13, Californians Against Hate filed a complaint charging that the Mormon Church drastically underreported its non-monetary contributions to the h8 campaign:
Fred Karger, the founder of Californians Against Hate, submitted the complaint to the enforcement division of the California Fair Political Practices Commission, the agency that regulates campaign activity.
Karger alleges that the Church of Jesus Christ of Latter-day Saints ran out-of-state phone banks, produced commercials and provided other services that must be reported as contributions to the Proposition 8 campaign.
"Let’s be transparent here. If they are going to play in the political process, they need to abide by the rules like everyone else," he said.
Karger also notified the attorneys general of California and Utah, where the Mormon church is based.
Today, Karger’s complaint was certified by the CFPPC:
"They read my letter and I guess came to the conclusion that there’s something worth looking into," said Fred Karger, who heads Californians Against Hate, which was formed to track donations in support of the ballot initiative. "I’m hopeful that the LDS Church will cooperate and share all the records and all the information they have about their activities in the Proposition 8 campaign."
Karger, a retired political consultant, alleged in his complaint that The Church of Jesus Christ of Latter-day Saints failed to report money invested to organize phone banks, send out direct mailers, provide transportation to California, mobilize a speakers bureau, send out satellite simulcasts and develop Web sites as well as numerous commercials and video broadcasts.
The Mormon Church, for consumption in the hometown Salt Lake Tribune, poo-pooed the investigation:
The LDS Church did not comment on Monday’s latest development but said earlier that Karger’s complaint had "many errors and misstatements," that the church had "fully complied with the reporting requirements of the California Political Reform Act" and that "any investigation would confirm the church’s full compliance with applicable law."
Noting that the CFPPC takes up fewer than five percent of the complaints it receives, Karger is pleased his complaint has reached maturity and will be investigated. Of course, the CFPPC recommends that no one start celebrating yet:
But Roman Porter, executive director of FPPC, urges against jumping to conclusions. He wouldn’t say how often investigations unfold and insisted that comparing complaints, which all have unique characteristics, would be inappropriate. He also said an investigation is nothing more than an investigation.
"We haven’t made any determination about wrongdoing," Porter said, and he encouraged people to "reserve judgment."
Porter said no time line has been set for the investigation and he would not speculate on when the public will know more. But he did say if the FPPC determines fault, the commission could fine "up to $5,000 per violation," and in some cases might also file a civil lawsuit, which could lead to remedies amounting to "three times the amount of unreported or misreported contributions."
It’s important to understand that this is not some toothless state agency — they laid a $190,000 fine on Senator Dianne Feinstein in 1992 for her gubernatorial campaign finance violations and only last year levied a $350,000 fine against State Senator Carole Migden.
These regulators take their job seriously. Let’s hope they look carefully at the Mormon Church’s activities in California — and if they find violations, make it expensive and embarrassing to meddle in a civil rights fight far from home.
{h/t Gloria}





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Teddy, thanks for continuing your excellent coverage of Prop 8-related news for those of us who are not Californians but who care.
“…and if they find violations, make it expensive and embarrassing to meddle in a civil rights fight
far from home.” ANYWHERE. None of their damn business. Period. End of story.it is indeed significant that they took up the matter.
the speed with which they certified portends as well – either the “irregularities” were stark or Karger had him some serious, deft legal help
counting on ya to keep us informed on how things proceed. this could be good.
p.s. love that graphic !
Expensive and embarrassing?
It’s hard to imagine the size of the fine that the Mormon Church would find painful and fanciful to think that such a fine might be exacted.
It’s absurd to think that the LDS leadership is going to be chagrined or even fractionally deterred by a failure-to-file.
The issue is anything but far from home to them. If you don’t understand their motivation, you’re going to have trouble in effectively opposing them.
By their own rules, the FPPC is required to respond to complaints within 14 days, either certify the complaint and open an investigation, or say, Nope, nothing to see here, move along….
So I wouldn’t read a lot into the speed with which they undertook the complaint, but the fact that they undertook it at all, and agreed to open an investigation, is promised, if in fact Karger’s five percent statistic is true.
These guys don’t fool around — the CFPPC can make politicians’ lives hell.
If you’ll read the article source, you’ll discover that CFPPC complaints can mature into civil suits, in which the CFPPC seeks damages treble the amount of the violation, in addition to penalties of five thousand dollars per occurrence.
Treble damages from the Mormon Church could start to hurt, not to mention the shame involved.
Don;t underestimate the aversion church leaders have to being exposed as liars and cheats. They claim to have done everything correctly and according to the law, because telling the truth is very much a part of the faith-picture they paint for adherents. Being charged and investigated for this illegality will be deeply humiliating to them, let alone being found to be noncompliant.
Incidentally, their faith partners, Dobson et al, each indicated inkind contributions in the hundreds of thousands of dollars. Considering the Mormon Church’s much heavier involvement, their fines could be extensive.
Thanks for your response and I hope that you’re right.
I fear that the LDS, vastly rich, feels threatened by any re-defining of marriage laws.
I hope the Mormon leadership is also threatened by an investigation that makes them look like scofflaws. They treasure their reputation as law-abiding citizens, and would hate to see it harmed.
But you are correct, it’s the gays marrying that they really hate. Although I wonder if the investigation, since they go on for a while, would impinge on their participation in a 2010 initiative election?
Let the throwdown commence!
This the agency whose institutional history includes challenging DiFi — and her wealthy husband, Blum — on huge hidden campaign contributions and loans. I doubt they will quaver in front of the Mormon leadership. Of course, that was long ago.